Guay v. Canada ( Employment and Insurance Commission )
A-1036-96
Marceau J.A.
16/9/97
3 pp.
Application for judicial review of Umpire's decision under Unemployment Insurance Act-In contradicting unanimous decision of Board of Referees, Umpire exceeded limits of power of review under Act-Undeniable successive breaches, albeit minor, can constitute misconduct, but more doubtful "peccadillos" become misconduct through repetition-Board of Referees, pivot of entire system put in place by Act for purpose of verifying and interpreting facts, must make assessment-On basis of facts it found and testimony it heard, Board of Referees refused to concede applicant's breaches, even considered in conjunction, could constitute misconduct within meaning of Act, s. 28, even though employer may have thought them sufficient to merit dismissal-Hard to see how employer, having fired employee for work-related conduct, would confess breach on which reaction based not connected with contract of employment and not really important to him-Application allowed-Unemployment Insurance Act, R.S.C., 1985, c. U-1, s. 28 (as am. by S.C. 1990, c. 40, s. 21; 1993, c. 13, s. 19).